Settlement reached in employment case
By Staff Reports
Published in News on September 14, 2014 10:24 AM
MOUNT OLIVE -- A $35,000 settlement has been reached in a disability discrimination lawsuit filed against the SunBridge nursing home.
The lawsuit was filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Margaret Washington, who was hired in June 2013 to work as a cook and dietary aide at the facility.
Along with the $35,000, the nursing home's parent company, SunBridge Regency-North Carolina, will furnish "other relief" to settle the suit.
The EEOC settlement announcement did not specify what the "other relief" would be.
According to the lawsuit, Ms. Washington has a physical impairment that limits her use of the left side of her body.
Shortly after she began working for SunBridge, her supervisor asked her what was wrong with her left arm. Ms. Washington explained that she did not have the full use of her left arm, but that she was still able to perform her job duties.
The EEOC said that a few weeks later, Ms. Washington's supervisor informed her that she did not believe she could perform her job duties without the full use of both arms.
Shortly thereafter, SunBridge Inc. fired her for that reason.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees from discrimination based on their disabilities and requires employers to provide disabled employees with reasonable accommodations.
The EEOC filed suit in July 2014 in U.S. District Court for the Eastern District of North Carolina after first attempting to reach a pre-litigation settlement through its conciliation process.
"We are pleased that in resolving this case, SunBridge Regency is taking action to ensure that it fulfills its obligations under federal law," said Lynette A. Barnes, regional attorney for the EEOC's Charlotte District Office, which includes the EEOC's Raleigh Area Office, where the charge was filed. "Under the ADA, employees like Margaret Washington have the right to be evaluated based on their ability to do their job rather than any physical limitations they may have."